40 U.S.C. § 584: Assignment and reassignment of space

Subject to paragraph (2), the Administrator of General Services may assign or reassign space for an executive agency in any Federal Government-owned or leased building. in accordance with policies and directives the President prescribes under section 121(a) of this title ; after consultation with the head of the executive agency affected; and on a determination by the Administrator that the assignment or reassignment is advantageous to the Government in terms of economy, efficiency, or national security. In assigning space on a major pedestrian access level (other than space leased under section 581(h)(1) or (2) of this title), the Administrator shall, where practicable, give priority to federal activities requiring regular contact with the public. If the space is not available, the Administrator shall provide space with maximum ease of access to building entrances. The term ‘actual utilization rate’ means the total usable square footage of a public building or federally-leased space divided by the occupancy. The term ‘Administrator’ means the Administrator of General Services. The term ‘building utilization’ means the percentage of utilization generated by comparing the actual utilization rate with the capacity based on a utilization benchmark of 150 useable square feet per person. The term ‘capacity’ means the total usable square footage of a public building or federally-leased space divided by a utilization benchmark. The term ‘Director’ means the Director of the Office of Management and Budget. The term ‘Federal agency’ means an executive department covered by the Chief Financial Officers Act of 1990 ( Public Law 101–576 ; 104 Stat. 2838 ). The term ‘occupancy’ means the average number of employees actually performing duties in person in a public building or federally-leased space at least 40 hours per week over a 2-month period. The term ‘public building’ has the meaning given the term in section 3301(a) of title 40 , United States Code. Not later than 60 days after the date of enactment of this Act [ Jan. 4, 2025 ], the Administrator, in coordination with the Director, shall establish standard methodologies and identify technologies available for measuring occupancy in public buildings and federally-leased space. Not later than 180 days after the date of enactment of this Act, the heads of Federal agencies shall work with the Administrator to identify, deploy, and use Personal Identity Verification badge swipe data isolating only the first credential use of the day for each cardholder and other technologies that the Administrator determines to be appropriate, such as sensors, in public buildings and federally-leased space where the Federal agency occupies space to measure the occupancy of public buildings and federally-leased space. In carrying out paragraph (2), the Administrator shall ensure any sensors used for the purposes of determining occupancy are designed to protect of all personally identifiable information. the occupancy and the actual utilization rates of space in public buildings and federally-leased space occupied by the respective agency of the Federal agency head broken down by building and lease; the methodology used for determining occupancy, including the period of time and other parameters used to determine occupancy on a regular basis; the utilization percentage of each public building and federally-leased space by the respective agency of the Federal agency head, comparing the capacity to the actual utilization rate based on a utilization benchmark of 150 usable square feet per person; and any costs associated with capacity that exceeds occupancy with respect to the respective agency of the Federal agency head. Except as provided in subparagraph (B), the heads of Federal agencies shall make each report required under paragraph (1) available on a publicly accessible website of the General Services Administration. The publishing requirements of subparagraph (A) shall not apply if the head of the respective Federal agency makes a determination that making the report required under paragraph (1) available on a publicly accessible website would be detrimental to national security. Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Director, in consultation with the Administrator, shall ensure building utilization in each public building and federally-leased space is not less than 60 percent on average over each 1-year period. provide notice to the tenant agency informing the agency of the excess in capacity along with associated costs of such excess; and notify the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate of the excess capacity and associated costs. If the tenant agency fails to meet the 60 percent target under paragraph (1) in the reporting period subsequent to the reporting period under paragraph (2), the Administrator shall, in consultation with the Director, take steps to reduce the space of the tenant agency, including consolidating the tenant agency with another agency, selling or disposing of excess capacity space, and adjusting space requirements, as appropriate, for any replacement space. The Administrator, in coordination with the Director, shall prioritize to the maximum extent practicable capital investments in public buildings where Federal agencies meet or exceed building utilization metrics, except that prioritization may be given to projects that will result in building utilization of 60 percent or more. The Director may provide exceptions to building utilization metrics based on the amount of non-standard office space a Federal agency demonstrates is required to meet the mission of the agency, including warehouse space, laboratories critical to the mission of the agency, and public customer-facing spaces driven by agency missions. The Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate a report on any exceptions granted under subparagraph (A), including the justification for the exception. Not later than 1 year after the date of enactment of this Act [ Jan. 4, 2025 ], the Director, in consultation with the Administrator, shall submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Comptroller General of the United States a plan to consolidate department and agency headquarters buildings in the National Capital Region that will result in building utilizations of 60 percent or greater. Which departments and agencies will collocate and consolidate and into which buildings and associated details before and after plan implementation related to building utilization, building capacities, and actual utilization. Details on the strategies for the sale or disposal of buildings that will no longer be needed for Federal use. A detailed breakdown of any costs associated with the proposed consolidations and collocations. An estimate of future savings as a result of space reductions and consolidations, including costs associated with energy savings and building operations. Not later than 1 year after the submission of the plan under paragraph (1), the Administrator and Director shall begin implementing the plan. The term ‘Federal tenant’ means a Federal agency that has an occupancy agreement with the Administrator to occupy a commercial lease for office space secured by the Administrator on behalf of the Federal Government. The term ‘Federal tenant’ does not include an element of the intelligence community. The term ‘intelligence community’ has the meaning given the term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). monthly total occupancy of such office space; the actual utilization of such office space; monthly space utilization rates; and any other office space utilization data considered important by the Administrator; and include language that requires the Federal tenant to have written procedures in place governing the return of office space to the Administrator if the occupancy of the Federal tenant falls below a 60 percent space utilization rate for 6 months within any 1-year period, beginning on the date on which the agreement takes effect. monthly total occupancy of the office space; the actual utilization of the office space; monthly space utilization rates; and any other office space utilization data considered important for collection by Congress. This subsection shall not apply to properties used by an element of the intelligence community. The requirements of this subsection shall apply to any occupancy or novation agreement entered into on or after the date that is 180 days after the date of enactment of this Act. Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the cost to each Federal agency of measuring the occupancy and actual utilization rates of space in public buildings and federally-leased space to prepare the reports required under subsection (d). The Comptroller General of the United States shall include in the report required under paragraph (1) the cost of deploying sensors and technologies pursuant to subsection (c) but shall exclude any such technologies that were in place before the date of enactment of this Act. Not later than 90 days after the submission of each report under subsection (d), the head of each Federal agency shall submit to the inspector general of each respective agency a report detailing any public building or federally-leased space with a capacity of 500 or more employees under the jurisdiction of the agency that has a utilization rate below 20 percent during the reporting period that is not a vacant office building. On receipt of a report under paragraph (1), the inspector general of the relevant Federal agency shall conduct an investigation to determine whether there is any evidence of fraud, waste, abuse, or mismanagement with respect to the use of the public building or federally-leased space identified in the report.”